Shri. Santosh Vasantrao Surve v. Maharashtra State Road Transport Corporation, Thr. Its Divisional Manager,Kolhapur

Shantanu Dhudum 51-IA-1037-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION INTERIM APPLICATION NO. 1037 OF 2024 IN FIRST APPEAL (ST) NO. 25776 OF 2023 Shri. Santosh Vasantrao Surve ....Applicant

Versus

Maharashtra State Road Transport Corporation, Through its Divisional Controller, Kolhapur ....Respondents ----- Mr. Sangramsingh Yadav a/w Mr. Abhijit Adgule, Advocate for the Applicant.

Ms. Gargi Warunjikar i/b Mr. N. V. Bhutekar, Advocate for the Respondent No.1.

----- CORAM : SHIVKUMAR DIGE, J.

by SHANTANU SHANKARSA DHUDUM Date:

2024.03.04 10:22:04 +0530 SHANTANU SHANKARSA DHUDUM DATE : 1st MARCH, 2024.

P.C. :

1.

Heard learned counsel for the Applicant and learned counsel for the Respondent.

2.

It is contention of learned counsel for the Applicant that Applicant has suffered 80% functional permanent disability due to accidental injuries, the right leg of the Applicant is amputated due to accidental injuries. Applicant has no source of income, he needs the amount for daily expenses. Hence, requested to allow the appeal. 1/2

Shantanu Dhudum 51-IA-1037-2024.doc 3.

It is contention of learned counsel for the Respondent that income of the Applicant is considered on higher side without any evidence on record, the disability is considered on higher side. Hence, requested to reject the application.

4.

I have heard both learned counsel. Due to accidental injuries the Applicant has suffered 80% permanent physical disability and his right leg is amputated. Applicant has no source of income, he needs the amount for daily expenses. The issue raised by the learned counsel for the Respondent can be considered at the time of final hearing of the appeal hence, I pass following order;

ORDER

i. Application is allowed.

ii. The applicant is permitted to withdraw the 50% amount out of deposited amount along with accrued interest thereon, on furnishing undertaking.

Application stands disposed of.

(SHIVKUMAR DIGE, J.) 2/2